Miami-Dade Police are investigating claims that a child day care center in Homestead may have committed manslaughter when an 18-year old child in its care died.
Reports suggest that the child may have been left inside of a hot van.
Manslaughter is a homicide crime, however it does not require the State to prove that the death was caused intentionally. Manslaughter, without a firearm, is a second-degree felony punishable by a maximum of 15 years in prison.
However, manslaughter of a child is considered aggravated manslaughter. Aggravated manslaughter is a first-degree felony punishable by up to 30 years in prison.
Florida law defines manslaughter as, "the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification..." If a child day care center had an obligation to care for the well-being of a child, failure to do so could result in a manslaughter conviction.
Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward. Call today to discuss your case.